The following summaries are drawn from briefs and lower court judgments.
They are meant to provide a general idea of facts and issues presented
in cases, and should not be considered official court documents. Facts
and issues presented in these summaries should be checked for accuracy
against records and briefs, available from the Court, which provide more
specific information.

Schultz, the Citrus County
Property Appraiser, denied agricultural tax exemptions for portions of
property owned by Love PGI Partners and Sugarmill Woods, Inc. The appraiser
contended that the land in question was being used for forestry by natural
regeneration and cattle grazing, which he said were not bona fide agricultural
uses. When the landowners sued, the trial court upheld the denial of exemptions.
On appeal, the Fifth District Court reversed, and Schultz appeals.

On Feb. 5, 1996, Etirza
Eversley took her infant son Isaiah to a nearby clinic, where a nurse saw
he was having trouble breathing. The nurse suspected pneumonia, but the
clinic lacked equipment to verify this. The nurse summoned a doctor, and
both told Eversley to take Isaiah to a hospital emergency room immediately.
She did, but there was a line, so she decided to leave instead. Eversley
went to sleep with Isaiah and later awoke to find Isaiah was not breathing.
She summoned help, but when paramedics arrived the baby's body was cold,
apparently dead for some time. Eversley was tried and convicted of manslaughter
and felony child abuse, but the trial judge reduced the conviction to misdemeanor
child abuse. The Second District Court reversed and reinstated the felony
convictions, and Eversley appeals.

DeSalvo sued Scottsdale
Insurance Co. over a disagreement on the amount owed under an insurance
policy covering a building that had burned. Scottsdale paid a lower amount
than DeSalvo requested, but later offered to settle any further claims
for $100,001. DeSalvo proceeded to trial and won an award less than this
offer, $84,133.92. A "prevailing party's" attorney's fee and other costs
usually would be paid in cases like this, but there is an exception if
the recovery at trial is less than an amount offered in settlement. The
trial court found that the case fell within the exception, but the First
District reversed. It said the offer of $100,001 expressly included attorney's
fees and costs. Thus, it held that the trial court needed to determine
total fees and costs and subtract them from the $100,001 to determine who
actually prevailed.

Dr. Louis Davidson was killed
at Thunder Bay Apartments in January 1994. Five people were charged, including
the victim's estranged wife Denise Davidson and Meryl McDonald. McDonald
was found guilty and the jury recommended the death penalty 9-to-3, which
the judge imposed. Denise Davidson, meanwhile, was found guilty and sentenced
to life imprisonment. McDonald appeals.

Pinellas County

Florida Supreme Court Oral
ArgumentsWednesday,
December 2, 1998

Arrive early. Times &
order of appearance are tentative and subject to change with no notice.
Cases may be postponed due to exigent circumstances.

In 1991, drycleaning solvent
contamination was found in private drinking water wells of residential
areas near shopping centers in Suniland that had housed drycleaners. Contamination
in these areas was not reasonably recoverable, and Miami-Dade County had
to install drinking water mains at great expense, completed by 1993. On
Dec. 4, 1994, the County sued shopping-center owners to recover its outlays.
Owners contended they were retroactively immune from suit because they
had joined a cleanup program under Florida's Drycleaning Contamination
Cleanup Act, effective July 1, 1994. The trial court and Third District
Court agreed but certified the case to the Supreme Court.

On May 22, 1996, Perriman
and a friend were driving to a basketball game when police stopped the
friend's car for a tag violation. Police found a gun in the car and also
determined that Perriman was a convicted felon. He was charged with carrying
a concealed weapon and possession of a firearm by a felon. No fingerprints
were found on the weapon, and both men testified that Perriman had no knowledge
the gun was in the car. At trial, the jury posed a question to the judge
during deliberations: Was it a crime if the felon did not know the gun
was in the car? The judge did not answer the question, but told jurors
to refer to their written instructions. They convicted Perriman, and the
Third District Court affirmed but certified the case to the Supreme Court.

In March 1983, Peede traveled
from North Carolina to Miami to see his estranged wife Darla Peede. Fearful
of Peede, Darla gave her daughter detailed information to give police if
she turned up missing. The daughter did so, and police arrested Peede in
North Carolina. Darla's body was found near Camden, Georgia, and Peede
confessed to stabbing her to death near Orlando. He was tried, convicted,
and sentenced to death. On appeal, his sentence was affirmed. He challenges
the validity of the sentence.

On July 7, 1988, Tallahassee
Police Officer Ernest Ponce de Leon was shot and killed while trying to
apprehend escapees from a Maryland prison, including Jones. At trial, Jones
was tried and convicted. The jury recommended the death penalty 11-to-1,
which the judge imposed. His sentence was affirmed on appeal. He now challenges
the validity of his sentence.

Leon County

Florida Supreme Court Oral
ArgumentsThursday,
December 3, 1998

Arrive early. Times &
order of appearance are tentative and subject to change with no notice.
Cases may be postponed due to exigent circumstances.

Ballard, a non-Florida resident,
sued Owens-Corning on grounds he had been exposed to an asbestos product
the latter sold. Exposure allegedly occurred in six separate states, though
not in Florida. Owen-Corning asked the judge to dismiss the case on grounds
it should be brought in another state. The judge declined, and at trial
Ballard was awarded $1.8 million in compensatory damages and $31 million
in punitive damages. On appeal, the Fourth District Court agreed the trial
was properly held in Florida and affirmed the award, but certified the
case to the Supreme Court on the issue of punitive damages.

Jennings was injured in
a head-on collision with a car driven by the son of Bobby Broxton, who
was insured by USAA. Jennings and USAA attempted to settle, but a dispute
arose over a related claim filed by the hospital that treated Jennings.
Settlement failed at this time, and Jennings sued. The parties later partially
settled the case, with Jennings retaining the right to sue the insurer
for alleged bad-faith refusal to pay his claim. At Jennings' request, the
judge ordered USAA to let his attorney inspect the company's claims file
on the case. USAA appealed on this single issue before the case could go
to trial, and the First District Court affirmed but certified the case
to the Supreme Court.

The body of Teri Lynn Matthews
was found in the Kent Groves area by a passerby. The investigation turned
up little until July 1990, when Bolin's ex-wife gave police information
linking her former husband to the crime. He was tried, convicted, and sentenced
to death based partly on testimony of the ex-wife. The Supreme Court in
1995 found that this violated the privilege afforded communications by
spouses and ordered a new trial. Bolin again was convicted and sentenced
to death. He appeals.

The Japanese company New
Oji and several other manufacturers were investigated for price fixing
in sales of jumbo rolls of facsimile paper from 1990 to 1992. Oji later
pled guilty to the charges. In 1996, several Florida purchasers of facsimile
paper filed a class action suit to recover damages caused by price fixing.
New Oji asked the judge to dismiss on grounds that, as a Japanese company,
it was not subject to the jurisdiction of Florida courts. The judge did
so, and the Fourth District Court agreed but certified the case to the
Supreme Court.

Broward County

Florida Supreme Court Oral
ArgumentsFriday,
December 4, 1998

Arrive early. Times &
order of appearance are tentative and subject to change with no notice.
Cases may be postponed due to exigent circumstances.

In 1996, The Florida Bar
began investigated Canal for violating rules governing attorney trust accounts
from 1989 and 1992. Charges include check kiting and improperly maintaining
the accounts. A referee recommended disbarment and payment of costs totaling
more than $8,000. Canal contends he was distraught during the period of
time in question because a newborn child died, he was diagnosed with AIDS
shortly thereafter, and he was ill with opportunistic infections. He asks
for a 3-year suspension from practicing.

Gulf Power Co. and Gulf
Coast Electric have been involved in a lengthy dispute over who will provide
power service in 27 disputed areas of Bay and Washington Counties. Both
companies supply power to customers in these areas. Gulf Power asked the
Public Service Commission to intervene. The PSC determined that it would
not be worthwhile to force one or the other company to dismantle its infrastructure
in these areas, and that future boundary disputes would be decided case-by-case.
Gulf Coast Electric appeals.

Stephens was charged with
battery of a law officer and resisting arrest following a scuffle with
police. He contended he was the victim of police brutality because of a
large bruise found on his leg. A friend took photographs of the bruise
two days later, but at trial mistakenly said he took the photographs the
same day. Defense counsel did not correct the error, and later a state
expert testified that the bruise was at least a day old. After Stephens
was convicted, the trial court court ordered a new trial on grounds defense
counsel was ineffective. The Second District Court reversed, and Stephens
appeals.

Henderson is facing trial
and the death penalty in the murder of Lawrence Pinkard in April 1996.
His attorney avoided engaging in "discovery" (asking for information in
the State's possession). Doing so would obligate him to give the State
an equal chance to obtain information from the defense. The attorney later
filed a public records request for sheriff's files on the murder case.
The trial court held that public records laws cannot be used to circumvent
discovery obligations, and the First District Court agreed and certified
the case to the Supreme Court.

White, a member of the motorcycle
gang the Outlaws, was tried and convicted in 1978 for the murder of Gracie
Mae Crawford. The trial court sentenced him to death, and the sentence
was affirmed on appeal. White now challenges the validity of his sentence.

Orange County

Florida Supreme Court Oral
ArgumentsFriday, December 18,
1998

Arrive early. Times &
order of appearance are tentative and subject to change with no notice.
Cases may be postponed due to exigent circumstances.

Case

Time

Facts & Issues

Place of Origin

Ceremonial Session: Retirement
of Justice Gerald Kogan

2 p.m.

Justice Gerald Kogan has
served on the Supreme Court of Florida since his appointment by Gov. Bob
Martinez, effective Jan. 30, 1987. He is the appointee from the territorial
limits of the Third District Court of Appeal, encompassing Dade and Monroe
Counties. His retirement takes effect Dec. 31, 1998. Shortly afterward,
Justice Kogan will become President of the Alliance for Ethical Government
in Miami-Dade County.

Tallahassee

(Dade County connection)

Biography: Justice Gerald
Kogan

As Chief Justice from June
1, 1996, through June 30, 1998, Gerald Kogan was the author of Florida's
pioneering "Access Initiative," a comprehensive program already world-renowned
as a model for improving citizen access to the judiciary. The Initiative
was awarded one of only three Louis M. Brown awards given nationally in
1998 by the American Bar Association's Committee on the Delivery of Legal
Services. The Brown Award recognizes programs that improve access to legal
services for persons who earn too much money to qualify for free legal
assistance yet too little to afford an attorney. In March 1998 The Florida
Bar's Media Law Committee, consisting of the state's media lawyers and
top journalists, gave Kogan its "Draw Near" award for his public access
programs. In June 1998, the Florida First Amendment Foundation gave Kogan
its annual "Friend of the First Amendment Award," also for his access programs.

During Kogan's tenure as
Chief Justice, the Court also has created many programs relying on high
technology to improve access. The Court's Internet site--the first judicial
page on the World-Wide Web--is internationally recognized as a model and
has won many awards. In 1997 Florida was one of only two court systems
invited onto the faculty of the International Court Technology to demonstrate
its use of Web-based technology. In 1997 the Florida Supreme Court achieved
yet another "first" when it became the first court in the world to "netcast"
live audio and video of court arguments on the Internet. Simultaneously
the Court also began making this same live video feed available throughout
North America via satellite. Satellite broadcasts especially have been
used by the news media and in educational program in Florida's schools.
The Court has encouraged teachers to use live or tape-recorded video of
court arguments by developing and distributing a curriculum for a "Case
of the Month" about six times a year. Educational programs were further
supported in 1997 when the Court created the first Justice Teaching Institute,
which awards 25 secondary school teachers fellowships to attend an intensive
program on law-related education at the Court Building. The second JTI
was held in February 1998, and already is being used as a model for similar
programs in other states. The third JTI will be held in February 1999.

Justice Kogan was born in
New York City on May 23, 1933. He moved with his parents and brother to
Miami Beach in 1947. He graduated from Miami Beach Senior High School and
attended the University of Miami, where he received the bachelor's degree
in business administration and the juris doctor degree. While at the University
of Miami, he served as president of the Student Senate and was listed in
Who's Who in American Colleges & Universities. He served as chief of
the University's highest honor society, Iron Arrow and in 1955 received
an Ibis citation, which is given annually to the outstanding student at
the University. He also won the National Intercollegiate Debate Championship
and is a Charter Member of the Southern Debate Hall of Fame.

In law school he won the
Southern Law School Moot Court Championship and became a National Moot
Court Finalist. Upon graduation from law school, Justice Kogan entered
the United States Army, graduated from the Army Intelligence School, and
served on active duty as a special agent in the Counterintelligence Corps.
Upon his discharge in 1957, he entered the private practice of law in Miami.
In 1960 he was appointed an assistant state attorney in the Dade County
State Attorney's Office and rose to the rank of chief prosecutor of the
Homicide & Capital Crimes Division. In 1967 he left the State Attorney's
Office to resume the practice of law, specializing in criminal trial and
appellate law. He served on the Criminal Courts Committee of the Dade County
Bar Association, grievance committees, and The Florida Bar Committee on
the Unauthorized Practice of Law. He served as a prosecutor and referee
on behalf of The Florida Bar in disciplinary proceedings.

Justice Kogan was special
counsel to the Florida Legislature's Select Committee on Organized Crime
& Law Enforcement. In 1980 he was appointed a circuit judge in Florida's
Eleventh Judicial Circuit. In 1984 he was appointed administrative judge
in the Criminal Division, serving in that capacity until his appointment
to the Florida Supreme Court in 1987. He and his wife Irene were married
in 1955, and they have three children (Robert, Debra, and Karen) and five
grandchildren (Jeremy, Nolan, Adam, Jacob, and Samuel).